Law-&-Order
Labour law violation: Appellate Division to hear Dr Yunus’s petition on Oct 17
A chamber court of the Appellate Division has fixed October 17 to hear a petition filed by Nobel laureate Dr Muhammad Yunus against a High Court order rejecting his plea to dispose the labour law violation case against him.
Chamber Judge M Enayetur Rahim fixed the date on Wednesday. Senior Lawyer Abdullah Al Mamun stood for Dr Yunus, while Md Khurshid Alam Khan represented the labour court.
Md Arifuzzaman, a labour inspector of the Department of Inspection for Factories and Establishments (DIFE), lodged a case with Dhaka Third Labour Court against Dr Yunus and three other people accusing them of breaching the Labour Act on September 9, 2021.
Read: Appellate Division declares Tareq's wife Zubaida a fugitive
Yunus filed a petition before the High Court seeking cancellation of the case. On December 12, the High Court put a stay order on the proceedings of the case and issued a rule asking why the case won’t be scrapped.
The prosecution then filed a petition with the Appellate Division asking for resuming the trial proceedings. On June 13, 2022, the Appellate Division ordered the High Court to dispose of the rule within two months.
On August 17, the High Court nullified its ruling and pronounced a verdict on the petition filed by Dr Yunus.
On August 24, 2022, Yunus filed a petition with the Appellate Division against the High Court’s verdict, the hearing date of which was fixed today.
HC orders BFIU to form research cell to bring back laundered money
The High Court (HC) on Wednesday ordered the head of Bangladesh Financial Intelligence Unit (BFIU) to form a research cell to prevent money laundering, bring back laundered money, monitor and control it.
HC bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat passed the order after fixing October 26 for next hearing.
BFIU head Md Masud Biswas was also directed to submit a progress report regarding the formation of Research Cell by the next hearing.
The court said only exchange of letters will not be effective to bring back the laundered money.
HC asked the BFIU head, “You must take necessary effective steps. You need to monitor this issue properly. You must have knowledge and sincerity to this effect. If India can do it, why can't we?”
The BFIU head appeared before the HC bench today (Wednesday) after being summoned on Tuesday.
He also offered unconditional apology for submitting an incomplete report regarding the information of money deposited by Bangladeshis to Swiss Banks that contains no name, address or position of the person who submitted the same, said Deputy Attorney General AKM Amin Uddin.
The court had observed that submitting such a report is like taking an action but without any responsibility.
Read: HC summons BFIU chief over 'incomplete report' on black money in Swiss banks
DAG Amin Uddin and Assistant Attorney General Anna Khanam Koli represented the state while advocate Khurshid Alam Khan appeared for the Anti-Corruption Commission (ACC) during the hearing.
On August 10, the Swiss ambassador in Dhaka Nathalie Chuard said that they have been providing the Bangladesh government with all information regarding deposits of Bangladeshi money in Swiss banks, "but no request has been submitted regarding any particular account".
On August 11, the HC bench ordered the government and the ACC to explain why the government didn’t seek information of deposits of Bangladesh money stashed in Swiss banks.
On August 14, BFIU was asked to submit a report in this regard in the affidavit form.
On August 21, following the HC order, BFIU’s report was submitted stating that the information regarding deposits of 67 Bangladeshis in various Swiss banks was sought from the authorities concerned in Bern.
But the Swiss authorities only provided the details of one individual in this regard which BFIU also submitted to the ACC, BFIU said in its report.
According to the report, the Swiss bank published its annual report on June 16 this year. On the following day, the Swiss authorities were requested to provide necessary information about the money deposited by Bangladeshi banks and individuals in various Swiss banks through Egmont Secure Web (ESW).
However, Bangladesh has not yet received any information. BFIU even asked FIEU for this information on June 17 last, it added.
Father held over varsity student's suicide
Rab on Wednesday arrested a man for allegedly instigating the suicide of his 21-year-old daughter, who blamed her father of being ‘rapist’ in a suicide note, from Gafargaon upazila in Mymensingh.
The man was identified as Shaheen Islam, who had been absconding since the incident on Saturday, said Rab’s legal and media wing director Khandaker Al Moin.
Read: Sebayat of Mirpur temple was shamed into commiting suicide
On Saturday noon, Sanjana Mosaddika, a first year student of Brac University, allegedly killed herself after jumping off a 10-storey building in Mollartek of the city’s Dakkhinkhan area, said Md Azizul Haque Miah, officer-in-charge (OC) (investigation) of Dakkhinkhan police station.
She was rushed to National Institute of Traumatology and Orthopaedic Rehabilitation (NITOR) where she succumbed to her injuries.
Meanwhile, police recovered a suicide note from the woman's flat where she blamed her father for her death calling him ‘abusive and rapist’.
Section 144 imposed in Rangamati ahead of AL-BNP rally
Authorities at Rangamati’s Juraichhari upazila imposed restrictions on public assembly Wednesday to avert any untoward incident as two rival political groups announced simultaneous rallies at the same venue.The restrictions applied under Section 144 of the CrPc have been in force in the upazila since 6 am, and will stay until 6 pm, said the local administration.
Read: HC orders removal of ‘fake news’ from Facebook, YouTubeJuraichhari Upazila Nirbahi Officer (UNO) and Executive Magistrate Khondkar Jitendra Kumar Nath issued this order Tuesday noon.He said that the administration resorted to the restriction to keep the law and order situation under control.
All types of public gatherings in the area adjacent to and around the upazila sadar have been banned.
HC orders removal of ‘fake news’ from Facebook, YouTube
The High Court (HC) on Tuesday ordered the authorities concerned to remove six 'fake' news stories and video links containing provocative content that is creating unrest in public life from Facebook and YouTube, along with steps to stop the spread of such content.
The HC bench of Justice Md Khasruzzaman and Justice Md Iqbal Kabir passed the order after hearing a writ petition regarding the issue.
Two government bodies, the Bangladesh Telecommunication Regulatory Commission (BTRC) and the Digital Security Agency, were asked to submit a report within two weeks in this regard.
At the same time, HC ordered an accountability strategy in accordance with the relevant laws, to verify the authenticity of all the news and videos posted on Facebook and YouTube.
Lawyer Munshi Moniruzzaman and Arafat Hossain Khan appeared for the writ petition in the court while Deputy Attorney General Bipul Bagmar represented the state.
On August 21, Barrister Arafat Hossain Khan, on behalf of lawyer Nilufar Anjum and barrister Ashraful Islam, served a legal notice to these two social media (Facebook-YouTube) authorities along with the relevant government agencies to remove six fake video links from the social platform.
On August 25, failed to get a response, lawyer Nilufar Anjum and barrister Ashraful Islam filed a writ petition with the HC seeking its instructions on the issue.
Read: HC directs IGP to report on seized goods’ storage
Head of Public Policy of Facebook and YouTube Bangladesh Shabnaz Rashid Dia, BTRC Chairperson, Director General of Digital Security Agency and Inspector General of Police (IGP) were made respondents to the writ.
According to the writ petition, the authorities concerned failed to monitor and control the provocative and fake contents posted on social media threatening the sovereignty and security of the state and the order of public life.
This misleading information tarnishes the image of the state organs, which is a violation of the Constitution, the Bangladesh Telecommunication Act, Digital Security Act (DSA) and the Information and Communication Technology (ICT) Act.
The writ also stated that Facebook and YouTube have recently been found to be not fully observing their monitoring strategy, especially in Bangladesh.
Such actions are being committed to present Bangladesh as a failed state to the international community creating instability in the country, it added.
The writ claimed that ignorance of the clear policy of BTRC and DSA and the recent regulation of Facebook-YouTube is spreading fake news against their own policy and creating violence and unrest.
HC directs IGP to report on seized goods’ storage
The High Court (HC) on Tuesday sought a detailed report regarding the storage of seized goods at police stations and court premises across the country.
The HC bench of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo passed the order after hearing a writ petition.
Inspector General of Police (IGP) was asked to submit a report in this regard within six months.
At the same time, the HC issued a rule asking as to why the inappropriate management of seized goods should not be declared illegal.
Advocate Mohammad Shishir Manir appeared for the writ petition in the court while Deputy Attorney General Arvind Kumar Roy represented the state.
On Sunday, five Supreme Court lawyers filed a writ petition with the HC challenging the authorities' inaction in proper management of seized goods and sought its directions in this regard.
The five lawyers who were the petitioners- Mohammad Nawab Ali, Md Mujahidul Islam, Mustafizur Rahman, GM Mujahidur Rahman and Imrul Kayes.
Read: HC forms expert committee to prevent plagiarism in PhD thesis
Lawyer Shishir Manir said the goods seized in all the courts and police stations of the country, including Dhaka, are stored inappropriately for years, which is not useful to the state, or to the owner.
They served a legal notice to the authorities concerned earlier. After failing to get any response, a writ petition was filed, he added.
Monthly Crime Review: Police have to be more active in market surveillance, against theft & robbery
Special instructions have been given to field level police officers to bring criminals under the law by executing their duties with sincerity in addition to increasing supervision over the investigation of cases.
The instructions were given in the monthly crime review meeting chaired by Additional IG (Crime and Operations) M Khursheed Hossain at the police headquarters on Tuesday.
All Metropolitan Police Commissioners, Range DIGs and District Superintendents of Police (SPs) attended the meeting virtually. DIG (Crime Management) YM Belalur Rahman, DIG (Operations) Md Haider Ali Khan, DIG Md Rezaul Haque and concerned officers were present at the police headquarters.
Read: IGP gets US visa to join UN police summit
Addressing the meeting, Additional IG M Khurshid Hossain said to the police officials that they must be more active to prevent theft and robbery cases.
Khursheed Hossain emphasized creating public awareness by increasing public involvement through beat policing and community policing to prevent family violence.
He also asked to start preparing the security measures for the puja mandaps this year, ahead of the upcoming Durga Puja.
The AIG also said that intelligence gathering and surveillance have to be increased in the markets to prevent unjust price hikes of daily necessities through market manipulation.
The crime review data presented in the meeting showed that total number of cases, as well as specifically women and child abuse cases, and also rescue-related cases declined during July, as compared to June 2022.
HC summons BFIU chief over 'incomplete report' on black money in Swiss banks
The High Court has summoned the head of Bangladesh Financial Intelligence Unit (BFIU) to explain an "incomplete report" filed in compliance with the Swiss envoy’s comment on black money stashed in Swiss banks.
A bench of justices Md Nazrul Islam Talukder and Khizir Hayat passed the order on Tuesday, asking Md Masud Biswas to appear before it on Wednesday and explain the report -- filed in an affidavit form -- that contains no name, address or position of the person who submitted the same.
Submitting such a report is like taking an action but without any responsibility, the court observed during the hearing.
Deputy attorney general AKM Amin Uddin represented the state while advocate Khurshid Alam Khan appeared for the Anti-Corruption Commission (ACC) during the hearing.
Khurshid said the report submitted by BFIU was not appropriate as it does not mention who submitted it and also doesn't contain any signature. "The HC was disappointed with the report," he said.
On August 10, the Swiss ambassador in Dhaka Nathalie Chuard said that they have been providing the Bangladesh government with all information regarding deposits of Bangladeshi money in Swiss banks, "but no request has been submitted regarding any particular account".
Read:Bangladesh money in Swiss Banks: Swiss envoy’s comment is embarrassing: HC
On August 11, the HC bench ordered the government and the ACC to explain why the government didn’t seek information of deposits of Bangladesh money stashed in Swiss banks.
On August 14, BFIU was asked to submit a report in this regard in the affidavit form.
On August 21, following the HC order, BFIU’s report was submitted stating that the information regarding deposits of 67 Bangladeshis in various Swiss banks was sought from the authorities concerned in Bern.
But the Swiss authorities only provided the details of one individual in this regard which BFIU also submitted to the ACC, BFIU said in its report.
According to the report, the Swiss bank published its annual report on June 16 this year. On the following day, the Swiss authorities were requested to provide necessary information about the money deposited by Bangladeshi banks and individuals in various Swiss banks through Egmont Secure Web (ESW).
However, Bangladesh has not yet received any information. BFIU even asked FIEU for this information on June 17 last, it added.
Why not cancel bail on ACC's plea, HC asks Samrat
The High Court on Tuesday issued a notice to expelled Jubo League leader Ismail Hossain Chowdhury Samrat asking why his bail should not be cancelled in a money laundering case.
A bench of justices Md Nazrul Islam Talukder and Khizir Hayat issued the rule on a plea by the Anti-Corruption Commission (ACC) seeking cancellation of the bail.
The court fixed October 23 as the next date of hearing in the case.
Advocate Khurshid Alam Khan represented the ACC during the hearing.
On Monday, the ACC lawyer filed the plea after taking permission from the High Court bench of justices.
Read: HC rejects Hallmark chairperson’s bail plea in graft case
On August 22, Judge Asad Md Asifuzzaman of Dhaka Special Judge Court-6 granted bail to Samrat in the money laundering case.
The court granted him bail till September 19 considering his poor health condition on a Tk 10,000 bond.
With this, Samrat has secured bail in four cases and there is no legal bar to his release, said his lawyer Ehsanul Haque Samazi.
The judge had also asked him to submit his passport to the court as his bail condition, and he was also asked to take the court's permission to go abroad.
Samrat secured bail in a drugs case on April 11 and in an Arms Act case and the money laundering case on April 10.
The expelled Jubo League leader was under treatment at the prison cell of Bangabandhu Sheikh Mujib Medical University (BSMMU) hospital from November 24 last year.
In October 2019, Rab detained Samrat and his associate Enamul Haque Arman from Chauddagram in Cumilla.
Rab raided his Kakrail office the next day. Huge quantities of foreign liquor, pistols, and two hides of kangaroo were seized from his office.
Read: ACC goes to HC seeking cancellation of Samrat’s bail
He was later sentenced by a mobile court to six months in prison under the Wildlife Conservation Act.
Abdul Khaleque, deputy assistant director of Rab-1, lodged two complaints against Samrat at Ramna police station under the Arms and the Narcotics acts. Arman was made an accused in the narcotics case.
Shekhar Chandra Mallik, a sub-inspector, submitted a chargesheet against Samrat in the Arms Act case.
The ACC lodged a complaint against him for acquiring assets worth Tk 2.94 crore beyond his known sources of income.
Rashedur Rahman, sub-inspector of CID, registered a case against him at the Ramna police station for laundering Tk 195 crore to Malaysia and Singapore. Last November, the investigating officer in the case submitted a chargesheet in the court.
HC rejects Hallmark chairperson’s bail plea in graft case
The High Court on Tuesday rejected the bail plea of Hallmark Group chairperson Jasmine Islam in a graft case filed over embezzlement of nearly TK 86 crore from a bank.
A division bench of justices Md Nazrul Islam Talukder and Khizir Hayat rejected the bail plea of Jasmine.
Advocate Mansurul Haque Chowdhury appeared for the businesswoman, while advocate Khurshid Alam Khan represented the Anti-Corruption Commission (ACC).
Read: Wrongful imprisonment: Appellate Division orders Brac Bank to compensate Jaha Alam
Earlier on March 10, 2019, the High Court granted bail to Jasmine in the case of embezzlement of Tk 85.87 crore from Janata Bank via a fake letter of credit.
Later, the ACC filed a petition challenging the bail order.
After hearing the appeal, the Appellate Division cancelled her bail and asked her to surrender within four weeks, on June 16, the same year.
Jasmine, also the wife of the Hallmark Group managing director Tanvir Mahmud, subsequently surrendered before the lower court and applied for bail in the High Court.
Read: ACC goes to HC seeking cancellation of Samrat’s bail
The High Court then issued a rule over her bail plea.
On November 1, 2016, Joynal Abedin, deputy assistant director of the anti-graft body, filed the case against 16 people, including Jasmine, at Motijheel police station in Dhaka.
Later that day, the ACC arrested her from the capital`s Bangsal area.